Ch. 13: The U.S. Supreme Court and Federal Judiciary

What is stare decisis?

The principle by which courts rely on past decisions and their precedents when making decisions in new cases.

According to Alexander Hamilton, which of the three branches of government is inherently the weakest, and what did this have to do with his case for judicial independence?

"- the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks."

Of the nine justices on the current U.S. Supreme Court, how many did NOT graduate from either Harvard Law School or Yale Law School? Who was it and what college did they instead graduate from?

- 1 did not graduate from either Harvard or Yale - Amy C. Barret - Notre Dame

What is the name of the highest appellate court (i.e., the court of last resort) within the Georgia judicial system?

- Supreme Court of Ga (Ga's highest appellate court/ court of last resort) - U.S. Supreme Court (Federal) - State Supreme Court (State)

Which hear cases with rotating 3-judge panels and which do so with a single federal judge or magistrate?

- The 13 court of appeals hear cases with rotating 3-judge panels. - District courts have a single federal judge or magistrate

Which numbered federal judicial circuit is Georgia a part of (along with Alabama and Florida)?

11

How many federal judicial districts (and, thus, district courts) does Georgia have?

3

Of the nine justices on the current U.S. Supreme Court, how many are women?

4 women and 5 men

What is the current ideological balance on the U.S. Supreme Court (i.e., how many liberals and conservatives are there)?

6 conservatives and 3 liberals

What is Judicial Independence?

A condition in which judges are free from political pressure and financial influence. It aims to promote the rule of law by enabling judges to make impartial decisions based on case facts and the law as they understand it.

What is an appellate court?

A court with appellate jurisdiction, meaning it has authority to review cases already decided by a lower court and to change the lower court's decision. Courts that are subject only to appellate jurisdiction. Ex: The court of appeals are intermediate appellate courts because they are themselves subject to the appellate jurisdiction of the U.S. Supreme Court.

What is judicial restraint?

A judicial philosophy in which a justice is more likely to support a limited scope for the Supreme Court's jurisdiction and powers, to be averse to innovative legal doctrines, and to be reluctant to overturn precedents and/or rule actions by the other branches to be unconstitutional.

What is judicial activism?

A judicial philosophy in which a justice is more likely to support the expansion of the Supreme Court's jurisdiction and powers, to embrace innovative constitutional doctrines, to overturn precedents, and/or to rule actions by the other branches unconstitutional.

What is a trial court?

A level of court in which as case starts or is first tried. To be a trial court for a case, a court must have original jurisdiction for the case. It can also a U.S. district court where primary trial courts of the federal court system occur.

What is an amicus curiae brief?

A person or group who is not a party to the case but is interested in its outcome may file an amicus curiae ("friend of the court") brief giving their opinion, analysis, and recommendations about how the Court should rule.

What is the Rule of Four? What does it have to do with granting cert?

A supreme court custom in which as case will be heard when 4 justices vote to do. This allows a cert to be granted.

That are dissenting opinions?

An opinion written by a justice that explains why they disagree with the Court's majority decision in the case.

What are concurring opinions?

An opinion written by justice who agrees with the Court's majority decision on the case but has different reasons for supporting it from that offered in the majority opinion.

What kind of court (trial court or appellate court) does Article III of the Constitution establish the Supreme Court as (primarily)?

Article III establishes the Supreme Court as an appellate court: nearly all of its cases arise under its appellate jurisdiction.

When the Supreme Court decides to hear a case on appeal, it is normally called "granting cert." Why is it called that?

Because it grants/allows an order of the Supreme Court to call records of the lower court so a case may be reviewed

When presidents decide who to nominate as Supreme Court justice, does the ideology of the nominee matter, or does the president only consider their qualifications?

Both?

What religious identity is currently the most prevalent on the U.S. Supreme Court?

Catholicism

For nearly a century, Congress has given the Court which of these kinds of appellate jurisdiction: mandatory or discretionary?

Congress has given the Court maximum flexibility for choosing what cases to hear.

What are state courts?

Courts of "general jurisdiction"; generally mirror the federal system structurally: trial courts, appellate courts, and a supreme court; most crimes such as criminal and civil cases are heard hear

What is "court packing"?

Expanding the size of the Supreme Court so the president and Congress can add a sufficient number of new justices to change the Court's decision-making in a way they desire.

Why do justices "bargain" over the reasoning in majority opinions? How can this bargaining process affect the Court's final decision on a case?

Justices bargain in which they demand certain changes to the majority opinion as a condition of keeping their vote. The reasoning they offer will guide lower courts when they seek to follow the precedent set by the Court.

Article III allows Congress to alter the Supreme Court's appellate jurisdiction. Does it also allow Congress to alter its original jurisdiction?

No, Congress is not allowed to alter the Supreme Court's original jurisdiction, it is allowed to alter the Court's appellate jurisdiction.

The last major "court packing" attempt was in the 1930s. Was that attempt successful and by who?

No, President Franklin Delano Roosevelt (FDR) failed in 1937.

According to the Supreme Court, who is more strictly bound by it: the Supreme Court or lower federal courts?

Lower federal courts because there is a strong expectation that they will strictly follow precedents set by the Supreme Court

What is the dual court system?

Phase that refers to the fact that each state has its own semi-autonomous court system, that exists parallel to the federal court system. When state courts make decisions that rely on the U.S. Constitution or federal laws, then those state court decisions can be reviewed by federal appellate courts. Otherwise, state courts operate independently of federal courts.

Federal judges (including Supreme Court justices) are nominated by the ________ and confirmed by the _________.

President to a judgeship or justice & majority vote in the U.S. Senate

Are judicial removals through impeachment common, or are they rare?

Removal of federal judges through impeachment is extremely rare.

What fraction of the Supreme Court's decisions are unanimous (9-0)?

Supreme Court decides cases unanimously in about one-third of its cases

What, if anything, does the Constitution have to say about judicial review?

The Constitution does not say explicitly that it does hold the power.

In what case did the Supreme Court declare itself to have the power of judicial review?

The Supreme Court declared it had the power of judicial review in a case in 1803 called Marbury v. Madison.

What is jurisdiction?

The authority of a court to hear a legal case and rule on it.

What is the power of judicial review?

The authority of courts to decide whether acts of government are constitutional or unconstitutional.

What are majority opinions?

The court's official written justification for its decision in a case.

What are the U.S. district courts?

The primary trial courts of the federal court system.

What is the US Court of Appeals?

The intermediate appellate courts of the federal court system that review decisions of the lower (district) courts.

According to the textbook, what is the most influential check on the Supreme Court provided by the other branches?

The most significant check on the Supreme Court is executive and legislative leverage over the implementation and enforcement of its rulings. The Court relies on the executive to implement or enforce its decisions and on the legislative branch to fund them.

U.S. district courts and U.S. courts of appeals: which are trial courts, and which are intermediate appellate courts?

U.S. district courts - trial courts U.S. courts of appeals - intermediate appellate courts

What is original jurisdiction?

When a court has authority to be the first court to hear a case

What is appellate jurisdiction?

When a court has authority to hear a case on appeal from a lower court and to change the lower court's decision

What is discretionary appellate jurisdiction?

When a court is allowed to choose whether to hear a case on appeal.

What is a mandatory appellate jurisdiction?

When an appellate Court is required to hear cases on appeal.

Under the dual court system, state courts did NOT operate entirely independently from the federal courts in all cases. What condition must be met for federal courts to be able to hear cases from state courts on appeal?

When state courts make decisions that rely on the U.S. Constitution or federal laws, then those state court decisions can be appealed to the U.S. Supreme Court. Otherwise, state courts operate independently of federal court system and state supreme courts are the courts of last resort within state judicial systems.

What are the two ways Article III of the Constitution seeking to promote judicial independence?

lifetime appointments and guaranteed salary.

90% of all court cases in the U.S. occur in which kind of courts: state or federal?

state